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HomeMy WebLinkAbout2011-017 - Telecommunication Facilities in the Public Right of WayIss:3/7/11 RESOLUTION NO. 2011-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING THE AMOUNT OF PERMIT AND INSPECTION FEES FOR APPLICATIONS TO INSTALL TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF WAY PURSUANT TO SECTION 33-237 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SAID INCREASED FEES AND CHARGES TO THE MISCELLANEOUS FEE SCHEDULE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 33-237 of the Santa Ana Municipal Code (Code), adopted by Ordinance No NS-2816, regulates the installation of telecommunication facilities in the public right of way, and authorizes the City Council to establish by resolution, a permit processing fee to recover City costs in reviewing applications for such installations. B. The City Council finds as to this fee: It is appropriate that the provider desiring to place facilities in the public right of way pay the reasonable cost of the City's services in reviewing the application and inspecting the installation of the telecommunication facility to ensure compliance with the ordinance. 2. The fee for this service would not duplicate any existing fee or charge currently collected by the City or any public agency, and would be distinct and separate from any current or future permit fee charged pursuant to the City's rules and regulations relating to telecommunication facilities in the right of way. C. Based on the City's study the cost of processing an application for siting telecommunication facilities in the right of way exceeds the permit processing fee which will be imposed. A study confirming these facts in greater detail is on file with the Clerk of the Council and is incorporated herein by reference as though fully set forth. Resolution No. 2011-017 Page 1 of 3 D. Based upon all the testimony, reports and other evidence submitted on this matter, this City Council makes the above specific findings. Request For Council Action regarding this Resolution, together with Ordinance No. NS- 2816, and all background information and studies presented to the City Council at the March 21, 2011, meeting are incorporated herein by this reference as though fully set forth. E. Unless otherwise indicated, the definitions set forth in Section 33-231 shall govern the application and interpretation of this resolution. Section 2. An application processing fee in the amount of $918.15, and a permit fee of $637.96 shall be collected by the Santa Ana Public Works Agency with the receipt of each application to install telecommunication facilities in the public right of way. Section 3. If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 4. This Resolution shall take effect upon the approval of Ordinance No. NS-2816 and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Should said Ordinance not be adopted, or should said Ordinance not become effective, this Resolution shall be deemed null and void and of no further effect. Section 5. That without further action of the City Council the fees, charges and surcharges established by this resolution shall be incorporated into the City's Miscellaneous Fee Schedule. ADOPTED this 21 st day of March 2011. Resolution No. 2011-017 Page 2 of 3 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By:4-3c_ n?111- Laura Sheedy Assistant City Attorney YES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Pulido, Tinalero, Sarmiento (7) NOES: Councilmembers: None (0)__- _ ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-017 to be the original resolution adopted by the City Council of the City of Santa Ana on March 21, 2011. Date: Clerk of the Council City of Santa Ana / Resolution No. 2011-017 Page 3 of 3